ABSTRACT
The attempt to fix a stranger with a duty to account or constructive trust and the remedy of tracing are triggered by an initial breach of trust by the trustee. The action for breach of trust is personal to the trustee in two senses. First, only those trustees who are responsible for the breach of trust may be sued for damages, although the extent of the 'personal responsibility' of a trustee for breach of trust is quite wide. Second, the action for breach of trust itself is a personal action and the successful claimant becomes a normal judgment creditor. There are four areas of concern to the student although, as ever, this is a somewhat arbitrary classification. In all of these issues, case law is important although various provisions of the Trustee Act 1925 and the Trustee Act 2000 are relevant and must be examined with some care.
